General terms & conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Consumer's obligations during the cooling-off period

Article 8 - Exercise of the consumer's right of withdrawal and its costs

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance of the agreement and additional guarantees

Article 13 - Delivery and performance

Article 14 - Payment

Article 15 - Complaints procedure

Article 16 - Disputes

Article 17 - Additional or deviating provisions

Article 18 - Testing of products

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Long-term agreement: an agreement that relates to the regular delivery of goods, services, and/or digital content for a certain period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store personal information addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and allows the unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance agreement during the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space.

Article 2 - Identity of the entrepreneur

Name of the entrepreneur: Grace is Green is a trade name of IBD Trade Services B.V.

Business and visiting address: Beatrixstraat 4, 4811SE Breda

Phone number: 085 487 8257

Availability: Monday to Friday from 9:00 am to 4:30 pm

Email address: [email protected]

Chamber of Commerce number: 20121499

VAT identification number: NL817415221B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed by the consumer and that they will be sent free of charge at the consumer's request as soon as possible. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general.

Article 4 - The Offer
If an offer has a limited validity or is subject to conditions, this will be explicitly mentioned in the offer.
The offer includes a full and accurate description of the offered products, digital content, and/or services. The description should be detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, they must truthfully represent the offered products, services, and/or digital content. Apparent mistakes or errors in the offer do not bind the entrepreneur.
Every offer contains information that makes the consumer's rights and obligations clear upon acceptance of the offer.

Article 5 - The Agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfills the specified conditions, subject to Article 5, clause 4.
If the consumer accepts the offer electronically, the entrepreneur must immediately confirm receipt electronically. Until this confirmation is provided, the consumer can dissolve the agreement.
When the agreement is made electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will also take suitable safety measures.
Within legal boundaries, the entrepreneur may verify whether the consumer can meet their payment obligations and investigate relevant factors for responsibly entering into a remote agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse the order or request with reasons or to impose special conditions on its execution.

Article 6 - Right of Withdrawal
The consumer can dissolve an agreement for the purchase of a product within a 14-day reflection period without giving reasons. The entrepreneur may ask for the reason for withdrawal but cannot require the consumer to provide it.
The reflection period starts the day after the consumer, or a third party designated by the consumer (not the carrier), receives the product, or:

For multiple products in one order: the day the first product is received.
For products with multiple shipments: the day the last shipment is received.
For regular delivery of products: the day the first product is received.

Article 7 - Consumer Obligations During the Reflection Period
During the reflection period, the consumer must handle the product and packaging carefully. The consumer may only unpack or use the product as necessary to determine its nature, characteristics, and functionality, similar to how they would inspect it in a store.
The consumer is only liable for any decrease in the product's value resulting from handling the product beyond what is allowed in clause 1.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs
If the consumer uses the right of withdrawal, they must notify the entrepreneur within 14 days via email to [email protected], providing at least:

The reason for withdrawal.
The order number associated with the withdrawal.
The products and/or services for which they wish to exercise the right of withdrawal.

As soon as possible, but within 14 days from the notification mentioned in clause 1, the consumer returns the product or hands it to the entrepreneur (or their authorized representative), unless the entrepreneur has offered to collect it. The consumer complies with the return period if they return the product before the reflection period has expired.
The consumer must return the product with all accessories, if possible in the original condition and packaging, and following the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer withdraws after explicitly requesting the commencement of a service not made for sale in limited volume or quantity during the reflection period, the consumer owes the entrepreneur a proportionate amount for the service performed up to the time of withdrawal.
If the consumer exercises the right of withdrawal, all additional agreements are automatically dissolved.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
If the entrepreneur allows the consumer to notify the withdrawal electronically, they must promptly send an acknowledgment of receipt. The entrepreneur will refund all payments from the consumer, excluding any shipping costs charged for the returned product, without delay, within 14 days of receiving the withdrawal notice. They may delay the refund until the product is returned or the consumer proves it has been returned. The refund will be made using the same payment method unless the consumer agrees to a different method, and it is free of charge for the consumer. If the consumer chose a more expensive delivery method, the entrepreneur is not obligated to refund the additional costs.

Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal:

Products or services with price fluctuations in the financial market beyond the entrepreneur's control within the withdrawal period.
Custom-made products based on the consumer's specifications, or those clearly intended for a specific person.
Perishable products or those with a limited shelf life.
Products unsuitable for return due to health protection or hygiene reasons, if unsealed after delivery.
Products that become irrevocably mixed with other goods after delivery.
Sealed audio, video recordings, and software, if the seal is broken.
Newspapers, magazines, except subscriptions.
Delivery of digital content not on a tangible medium, if the performance began with the consumer’s consent and acknowledgment that they lose the right of withdrawal.

Article 11 - The Price
Prices for products or services mentioned in the offer include VAT.

Article 12 - Performance of the Agreement and Additional Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of reliability and usability, and existing legal regulations at the time of the agreement.
The warranty becomes void if:

The consumer has modified the product or had it repaired or modified by third parties.
Damage results from careless use, such as water or impact damage.
An additional warranty offered by the entrepreneur, supplier, manufacturer, or importer never limits the consumer’s legal rights under the agreement if the entrepreneur fails to fulfill the agreement.

"Additional warranty" means any commitment by the entrepreneur, supplier, importer, or manufacturer granting rights or claims to the consumer beyond what is legally required in case of non-fulfillment.

Article 13 - Delivery and Execution
The entrepreneur will handle product orders and service requests with the utmost care. The delivery location is the address provided by the consumer. Orders will be executed as soon as possible, no later than 30 days unless a different term is agreed upon. If delivery is delayed or a portion of the order cannot be fulfilled, the consumer will be notified within 30 days. The consumer may then cancel the agreement at no cost, and the entrepreneur must promptly refund any payments. Trial packages are available for private individuals only and are subject to availability. Suspected abuse may result in the request being denied.

Article 14 - Payment
Unless otherwise agreed, the consumer must pay within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the agreement is made. For service agreements, this period starts after receiving confirmation of the agreement. Prepayment for consumer products cannot exceed 50%, and the consumer cannot claim any rights to order execution until the prepayment is made. Consumers must promptly report any inaccuracies in payment details to the entrepreneur. The entrepreneur may recover all costs for payment collection, which will be charged to the consumer.

Article 15 - Complaints Procedure
Complaints about the execution of the agreement must be submitted clearly and fully described to the entrepreneur via the website’s provided channels, within a reasonable time after the consumer discovers the defects. Complaints will be responded to within 14 days. If more time is required, the consumer will receive an acknowledgment and an expected timeframe for a detailed response. The entrepreneur must be given at least 4 weeks to resolve the issue. Generally, refunds are not provided.

Article 16 - Disputes
Dutch law exclusively governs agreements between the entrepreneur and consumer. Disputes will be submitted to the court where the entrepreneur is located, though the entrepreneur may also choose the consumer's local court.

Article 17 - Additional or Deviating Provisions
Any additional or deviating provisions must not harm the consumer and must be recorded in writing in a way that the consumer can store them on a durable medium.

Article 18 - Product Testing
The texts and images produced by testers are the copyright of Grace is Green and may be used for publication. If a tester does not comply with the product testing agreement, Grace is Green reserves the right to charge the tester for the product.

If you have any questions, please do not hesitate to contact us at [email protected]

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